Nevada is a no-fault state, which means that either party can file for divorce based upon
incompatibility. No proof is necessary as to the reasons for divorce. Nevada is also a
community property state, which means that property acquired during the marriage should be
equally divided, absent a compelling reason otherwise. One example of a reason that the
court might divide property in an unequal manner is community waste. Community waste
claims can be difficult to prove, but if you believe your spouse has wasted community property
you should discuss this with your attorney (i.e. affair, gambling, unauthorized purchases, etc.).

Property inherited during the marriage, gifts made to you during marriage, and personal injury
awards remain your separate property as long the property was kept in a separate, not joint
account. Debts that were acquired during the marriage are also community. If a settlement
cannot be reached, the court will hold a trial to resolve property and debts of the marriage.

If you and your spouse have minor children, the court requires a custody schedule and child
support amount to resolve the case. If you cannot agree upon a custody schedule, you will
be ordered to attend mediation at the Family Medication Center. After mediation, if you have
not agreed upon a custody schedule, the court will schedule a trial to make a determination
on custody.